Is it Possible to Comply with Larson Manufacturing?
Two weeks ago, we discussed the merger of concurrent post grant proceedings relating to the same patent at the USPTO. In addition to concurrent proceedings of a same patent, it is also quite common for entire portfolios of a Patent Owner to be subject to reexamination. In such cases, the reexamination of different patents (including direct continuations of one another) are not merged. Likewise, there may also be ongoing continuation patent application examination (i.e., patent applications claiming subject matter directed to the same invention in applicant’s earlier filed patent and meeting the conditions of section 120 of the patent statutes) being examined concurrently with the parent patent in reexamination. However, reexamination proceedings are not merged with non-reissue application examination.
In such concurrent proceeding situations, what are the obligations of the Patent Owner in satisfying the duties of disclosure, candor and good faith?
Continue Reading Concurrent Proceedings & Patent Owner Compliance with MPEP § 2282/2686